TOB

Terms of business (ARB 1992)

Adaptation to the amendment of the Consumer Protection Act, Federal Law Gazette 247/93 (Konsumentenschutzgesetz BGBI 247/93)

1. Conclusion of a travel agreement

1.1 By registering, the customer offers Graz Tourismus und Stadtmarketing GmbH the conclusion of a binding travel agreement. Registration is carried out in written form and by using the registration form provided. The registration carried out by the registrant is also binding for all participants listed in the registration.

1.2 The travel agreement comes into effect upon acceptance by Graz Tourismus und Stadtmarketing GmbH through sending a booking confirmation. Any collateral agreements and alterations to the concluded agreement require our written confirmation.

2. Payment

Payment of the booked services are pursuant to the respective booking conditions.

3. Change in person using the travel services

A change in person using the travel services is only possible if the substitute participant fulfils all conditions for participation.

3.1 Assignment and transfer of claims to the travel service.

Obligations of the booking person shall remain in force, if s/he assigns or transfers all or individual entitlements from this contract to a third party. In this case the booking person shall bear all additional consequential costs. If the client is prevented from taking the travel service, s/he may transfer the contractual relationship to another person. Graz Tourismus und Stadtmarketing GmbH shall be notified within a reasonable period of time of the relinquishment and transfer. The transferor and recipient shall be liable for any outstanding payments and, as applicable, for additional expenses incurred through the transfer.

4. Services

The service descriptions provided in the relevant tour description of the Graz Tourismus und Stadtmarketing GmbH catalogue are binding for the scope of the contractual obligations, albeit excluding any deviating declarations or confirmations made by brokering travel agencies, town or hotel brochures or any other third party.

5. Warranty

5.1 Remedial action

If a travel service is not provided according to the agreement, the customer is entitled to demand remedial action. Whether a service is in accordance with the agreement is determined, on the one hand, by the service description and, on the other hand, by the local standards of the destination. Graz Tourismus und Stadtmarketing GmbH can refuse remedial action if it involves unreasonably high expense, but is entitled to provide remedial action in terms of a replacement service of the same or a higher value. The customer can only reject such additional services on important grounds that can be perceived as being objective. The request for remedial action shall be directed to us or your tour guide. The tour guide is, however, not entitled to admit any claims.

5.2 Reduction of travel price

For the duration of the non-provision of the trip in conformity with the agreement and until a remedial action has been provided by Graz Tourismus und Stadtmarketing GmbH, the customer is entitled to demand a corresponding reduction of the travel price after returning from his/her travels (reduction). The reduction is not applicable in the event that or so long as the traveller fails to report the defects mentioned in 5.1 on time for remedial action for these situations to be possible.

6. Withdrawal by the customer

6.1 The customer can withdraw from the trip at any time in written form prior to the beginning of the trip. In the case of a withdrawal or non-participation in the trip (no-show) we are entitled to charge the following withdrawal fees:

Depending on the type of tour, the cancellation fees per person are as follows:

Group travel - group package tours
up to 6 weeks prior to the start of the trip - no cancellation fee
up to the 30th day prior to the start of the trip - 10%
from the 29th until the 21st day prior to the start of the trip - 30%
from the 20th until the 15th day prior to the start of the trip - 50%
from the 14th day prior to the start of the trip - 100% of the travel price

Single - individual tours
for weekend packages, cancellations up to 24 hours before arrival are free of charge
for other packages or individual bookings, cancellations received up to three working days before the arrival date are free of charge
in the case of other packages or individual bookings, cancellations made later or no-shows will be charged with the price of the first night
Cancellations must be sent to Graz Tourismus und Stadtmarketing GmbH in writing, by email or fax

6.2 Declaration of withdrawal

In the case of withdrawal from the contract, the following should be noted:
The customer (contractor) can inform Graz Tourismus und Stadtmarketing GmbH at any time that s/he would like to withdraw from the contract. The cancellation must be in writing.

6.3 No-show

No-show is when the customer fails to appear for the departure. The fee amounting to 100% of the booked services as no-show fee (no-show) remains valid and will not be refunded.

7. Rebooking by the customer

7.1 Each registered participant can replace his/her participation by a third party, as long as the substitute person is reported no later than 3 days prior to the start of the trip. Graz Tourismus und Stadtmarketing GmbH may refuse the entry of the third party on the basis of important reasons. In this case the above cancellation conditions apply. If a substitute person replaces the registered participant, this does not affect the original agreement. In the event of rebooking, we charge a processing fee to the amount of € 10.00 per person. For rebooking activities (change of travel date, duration, travel destination, etc.), we charge a processing fee to the amount of € 10.00 per person.

8. Miscellaneous

8.1 The customer is responsible for the observance of all passport, visa or health regulations and requirements.

8.2 The invalidity of individual provisions of the travel agreement does not result in the invalidity of the overall travel agreement.

9. Jurisdiction / applicable law

9.1 The contractual agreement is governed by and construed in accordance with Austrian law, with the exception of the conflict-of-laws rules that refer to the law of other countries. Place of jurisdiction for all disputes arising out of the contractual agreement will be the competent Court of Jurisdiction in Graz.

Operator:
Graz Tourismus und Stadtmarketing GmbH
Messeplatz 1/Messeturm, A-8010 Graz, Austria
Phone +43/316/8075-0, info@graztourismus.at 
Company registration number 42595s